VIDEO TRANSCRIPT:
I want to bring in with me here our legal analyst Enrique Latoison. Enrique a fairly quick decision by this jury we waited last year for five days and then it was a hung jury they could not reach a verdict today guilty on all counts what are your thoughts at this point. Well I can tell you right now Jim what’s taking place right now is you know they already pulled to jury and that they get dumped on the jury I will tell you that the prosecution in this case will make a pitch they have Mr. Cosby’s bail revoked tonight and they will pitch that to the judge, they’ll say judge he is now guilty of all three charges he faces a minimum of five to ten on each and every last charge now there’s no mandatory minimums on this case but they’ll ask for his bail to be revoked and when that takes place the defense will then are already prepared it will all start to argue all the reasons why his bail should not be revoked he’s not a flight risk his age is blindness his health and things to that nature so it has time to get his affairs in order that sort of thing but the judge could say absolutely not he could go to jail today from this court he can go to jail today right now the bail could be revoked the bail can be raised and Mr. Cosby could be given an opportunity to post that bail and then what will happen is they’ll send a pre-sentence investigation that pre-sentence investigation will take a couple of months it’ll be the time for the court to do a mock-up of Mr. Cosby
his background and everything about him and then whatever they make a recommendation on what his sentencing should be and then they will come back for that sentence so the sentence it’s a maximum of ten years on each count and
there are three counts that he’s been found guilty the judge could decide concurrent sentences or consecutive
sentences which obviously would mean he would spend the rest of his life in prison that would be a life sentence Mr.Cosby the one thing that Mr.Cosby has going for him at this point if you want to say that is the fact that these are not mandatory minimum sentences so the judge has discretion the judge can sentence him to probation
he can sentence him to house arrest or he could put hammer them and say that I’m gonna give you five to ten years on each and every last count which is three counts so he could be doing a minimum of 15 or 30 years which obviously is a life sentence for Mr. Cosby. alright Jim Rosenfield Enrique Latoison just want to jump in here because outside the courthouse Jim all right Aaron thanks one of our producers was just talking my ears who were tossing it out to me we are hearing that we will hear from the district attorney Kevin Steel coming up at 3 o’clock of course we’ll bring that to you we heard from the other side we heard from Tom Messner a very brief statement there that they are very disappointed but saying insisting the fight is not over and when reporters asked will you appeal he said emphatically yes very strongly those were his words just behind me as Bill Cosby left standing with his defense attorneys and his spokesman Andrew Wyatt he did not say anything but he did as you saw him leaving the court raised his hand in the air he was asked by reporters are you prepared to go to prison a sobering thought for him no
doubt at his age of 80 he did not respond but the judge did take his age and his health into account during what was some rather heated back-and-forth with the district attorney who wanted bill cosby to be sent behind bars right
now today he did not want him released on bail he was arguing against that but the judge said I’m not going to do that with a man of his age and his health we know he has vision issues and he walks with the cane so the judge did
grant him bail but did say you must remain here in the Commonwealth you must stay in your home and you must also
undergo some evaluation which is normal procedure after a conviction like this and then there will be moving into the sentencing phase Enrique Latoison is here with me talk a little bit about the timing on this how much time there’s some work to be done right some documents that need to be prepared some interviewing that needs to be done
to gather information that will alway into what the judge decides as far as
that’s correct Jim this is going to take a couple of months and what’s going to happen is during that time period they will have mr. Cosby meet with evaluators from the court and those evaluators will evaluate mr. Cosby they will find out things about them they usually do a psychosexual evaluation they will do a violent sexual predator evaluation also during this time his defense team will have the opportunity to have him you know put together all kinds of things to talk about the things that he’s done in the community things to argue to the judge for sentencing and while that’s going on the prosecution will also will have the same time to also come up with a sensitive memorandum and during that time of course they’ll be asking for jail time you know the district attorney
in this case was asking for him to be put in jail right now you wanted his bail to be broke now I can guarantee you
after he has a couple months to put things together all the kind of witness statements and things that he’s going to have at his disposal I’m very confident he’s really asking for jail time.
so it’s three counts guilty counts on aggravated indecent assault a maximum of 10 years on each count as we’ve mentioned earlier as we watch Bill Cosby’s SUV leaving the courthouse here we know now he must return to his home in Shelton the judge could decide concurrent or consecutive and as you’ve just been discussing all of these factors are gonna weigh in and we don’t know yet what the date is for sentencing we do know that until he is sentenced he has to stay here in Pennsylvania and await his fate. absolutely. there is no question he will spend some time behind bars. Well you know it will be up to the judge to decide when the time comes.I will would have make sure very clearly that he does have a situation where he’s looking at Megan’s Law he’s looking at a lifetime Megan’s Law this is a – which means that he
will have to report as a sex offender for the rest of his life.
we’re just watching the SUV here leaving the Montgomery County Courthouse by force 10 is overhead there’s quite the scene here at the Montgomery County Courthouse we’ve heard earlier from Gloria Allred who represents three of the five women who testified the other so-called bad acts which the judge allowed in this second trial we did not hear from that many women in the first trial but this was allowed dudas and Court decisions that transpired between these two in the last year that allow these five other women to take the stand and tell the jury their experience their allegations about what Bill Cosby did the use of medication to render them incapacitated and Gloria Allred said that the me2 movement is alive and well here in Montgomery County business this second trial of course taking place after that explosion of the me2 movement where we’ve seen women coming forward in the harvey weinstein place and it went
viral on social media hashtag me too so this outcome very different obviously from hunger and we saw last june with that sort of meet too movement as the umbrella over this case and these other women having a chance to voice
have a voice in court we heard from them at the podium very emotional for for them they feel vindicated Bill Cosby had always denied the accusations and had in port in his in his defense had claimed that he was being set up because he was a celebrity obviously the jury in this case did not buy that. I agree with you Jim they found him guilty of all charges there were each subsections of these charges and there were no subsections they could have found them guilty of some charges and not guilty of other charges the timing of this case is much different than the first case the me too movement was not a moving it at the time you went to trial the first time and actually on the first trial the judge said only one other bad prior act witness can testify so your fast forward
a year later you’re dealing with miss constan plus five other witnesses we’re dealing with the me to movement and the way that that’s come across the United States in the world and you’re saying yourself whoa this is bad timing for mr. Cosby to be facing these charges but you know the Jordy has spoken they found him guilty and that’s their verdict.
we saw emotions were boiling over from Bill Cosby in court after the verdict was read there were points during this trial where he would smile and prosecutors would call him out for that especially in closing they said this is not this is not amusing this is not funny it’s not something to smile about will the judge you know and he had this outburst today when the district attorney was trying to say he has a plane and Bill Cosby said I don’t have a
plane you expletive directed at the district attorney but in front of the judge he has this outburst do you think
that ways at all into what happens next for Bill Cosby in terms of how the judge used in. well guarantee the prosecution will use that when they ask for his sentence and they ask for jail time they’re gonna use that against them but you got to remember Mr. Cosby sat here now for two trials and not testify you know obviously his attorneys have booked the both cases decided was not a good idea for him to testify which was probably the right move he would have subjected himself to cross-examination of all the witnesses so in this particular case he didn’t testify so you know he remains defiant you say you put the fist up in the air as he was leaving the courthouse he had something to say to the DA he had something things to get off your his chest yeah obviously it’s still gonna take that same view that he believes he’s an innocent man even though the jury has spoken they have found him guilty he’s had a trial they found him guilty and of course of district attorney’s office is gonna say listen here’s a man
without remorse he sat there and called me a name and the middle of the court after just being found guilty. what life becomes very different for him now right what are the rules that he has to live by until sentencing. well he’s gonna have to maintain and follow the bail conditions that’s the most important thing the judge says he has to stay at home he’s not allowed to travel he had to turn over his passport he’s gonna have to follow those conditions very carefully if he steps out of line you could believe the different turns off it’s gonna file a petition to have him immediately bail revoked in to be incarcerated in prison now he’s also a convicted sex offender at this point life’s gonna be different his legacy obviously is tarnished for life he’s going to be a registered sex offender which means that he’s gonna have to have his picture taken are you gonna be able to find it on the internet once you put put put in the zip code to know that Mr. Cosby lives in your area and he’s a convicted sex offender life’s never going to go back to what it was before this perfect. how difficult is it and your experience to put these other women on the stand to come forward and testify in a court of law about what what they alleged happen to them they they obviously wanted to be able to do so there were more women who wanted to come forward the five of them did at the chance to testify on the stand as an attorney as a defense attorney how do you prepare those people for what they’re gonna go through because they were vilified by the defense team they were called names and Gloria Allred referenced what they went through
especially in closing the defense
attorneys you know had obviously
derogatory things to say about these
five women who came forward to share
their experience that their allegations
against Bill Cosby, well one of the things we
were talking about Jim from day one is
how’s the jury going to feel about the
attacking of these of these victims of
his movies are they going to take it as
this is witness shaming this is victim
shaming and attacking the witnesses how
is that going to play amongst the jury
now we know from earlier on that did the
best in this case had a strategy and
that strategy was to go hard at them
they were a colleague they were positive
names they were calling them con artists
basically the entire trial they were
putting them down it was a kind of a
different version of the first trial
where they treated them a little
differently far as you know the attacks
and what the defense was all in they
were all in on that strategy that’s what
they did now whenever you have a witness
no matter where the testifying for the
prosecution or the defense an attorney
is going to get that person prepared and
in preparing that person usually going
to have someone simulates what the other
side is going to do so that they have an
idea of what to expect when they’re on
that stand being cross-examined. Bill
Cosby as he was leaving this courthouse
he took the same path that he takes that
he’s taken not only in this trial but in
the last trial as well we often heard
from his spokesman who would speak on
his behalf
who was defiant who just yesterday said
we are confident that this jury is going
to return a just verdict of not guilty
talk to me a little bit about what goes
on outside the courtroom why that may be
seen as important for a defense team
when we know the jury is not hearing any
of that sort of colorful stuff that’s
going on outside the courtroom but yet
they’re trying to sway the court of
public opinion at the very same time. yes
I mean when you’re all in you’re all in
at this point even though he’s found
guilty he is still going to be the
client he’s still going to take the the
position that he is a wrongfully
prosecuted man I think they said
McCarthyism lynch mob and some of the
things that the defense said in their
closing so when you look at that you
know you have a choice as a defendant
that’s been found guilty you can
immediately take the tongue that you
want to make amends that you can
apologize and say you know I’m sorry and
you know I didn’t mean for this to
happen and take some leniency on me or
you can stay call in and say I still
didn’t do it I’m still innocent man and
that’s what their strategy has been and
you know just that short walk coming out
of the courthouse the fist pump
you know the attorneys saying that we
strongly are going to appeal they’re not
backing down on that strategy let’s talk
about grounds for appeal possible
grounds for appeal what do you expect
that they would
Goforth well you know from the very
beginning you knew that the defense in
this case was every single time making
motions for mistrial
yes and what they were doing Jim was
they were protecting the record each and
every step of the way they kept asking
for a mistrial they kept continue to
object the things and each time that was
making it a record of that so when they
go to appeal they can take to a higher
court these are all the things they
believe that judge got wrong the more
things that you asked a judge to rule on
the more chances that the Superior Court
may find that Judge did some things long
I will tell you one of the most
important things that they’re going to
appeal is the amount of prior bad act
witnesses that kill five women that he
allowed in the five women you had the
first case you have miss constan and one
witness and you have the same defendant
and then your year later you have miss
konstandin five women it was the judges
discretion as to how many he would allow
correct absolutely it was absolutely up
to the judge and he chose these five
where he allowed five as the number I
could take issue with that
why pile on why allow so many there was
also some outbursts and the court may
ask for Miss problem that they asked for
mistrial saying that the originally in
the beginning of the case it said they
thought the judge was biased because of
his family or somebody that was involved
with the me too movement they have
every step of the way
preserve their objections for the record
for those of you at home you’re just
watching the larger box there on your
screen at Bill Cosby this is just
moments ago when he left the courthouse
after the guilty verdict found guilty on
three counts and has been allowed to go
home on bail to a wait sentencing we
expect that he
as the judge ruled he must stay at home
we expect he will be here in
Pennsylvania until he returns to court
for any pre sentencing hearings will
there be many of those will they have to
attend and how what’s the timeframe
between sort of a guilty verdict that we
see today and when we could expect the
judge to be ready to learn to rule on
sentence well Mr. Cosby definitely has
to attend first off because he has to
attend because if the judge decides that
he’s going to listen to the prosecution
and give him jail time he will be taken
into custody possibly on that day or the
judge will give him a chance to turn
himself in there’s a statutory time what
did a couple months that this has to be
done now the defense can ask for a
continuance to delay the sentence and if
they believe there are certain things
that they’re still just trying to
present to the court far as far as their
own evaluations or own things they’re
trying to present to the court far as
witnesses and things of that nature the
defense of this chance gets an
opportunity to put on a hole almost a
mini trial a mini trial about sentencing
and get to argue to the judge all the
reasons why Mr. Cosby should not be put
in jail what can we expect would be
brought up by the defense obviously is
age his health what else might be might
be a factor I think they’re also going
to play into a fact about what would
incarceration do at this point what you
know rehabilitation is age I know you
just said that but I’m going to bring
that in and that’s a big part of this
he’s already been found guilty so the
appeal process can’t take place until
after he’s sentenced so the most
important thing right now for Cosby’s
team is to keep them from being
incarcerated and you can believe the
prosecution when they’re putting on
their mini trial at the sentencing
they’re going to try to get as many of
these witnesses as possible I wouldn’t
be surprised to get in and see 15 women
here you know the women have come up in
the past that accused Mr. Cosby you the
same thing they’re gonna have an
opportunity to speak even though they
weren’t some of the fire bad act
witnesses those people can still speak
and talk about how to affected their
lives you know being you know just done
to them but mr. Cosby on the other side
he has no prior convictions so he has no
record we call that a prior record score
at zero he’s got – alright add
just to bring you up to speed we are
awaiting a news conference from the
district attorney Kevin Steele we’re
also waiting to hear from andrea
constand
and her attorney so that’s supposedly
coming up at about 3 o’clock about 10
minutes from now I know my colleagues
Jacqueline London and Aaron Coleman are
also with me here backing the NBC 10
studios as we watch that video now Bill
Cosby’s SUV which was heading back just
a short time ago from the courthouse
here in Norristown to his home where he
must remain for the judge’s order until
his sentencing Jackie Aaron
our big breaking news this afternoon
here at home Bill Cosby found guilty on
all counts against him that development
in the last couple of hours welcome back
to the Montgomery County Courthouse in
Norristown we’re joined live now by our
legal analyst Enrique Latoison
thanks for being here Enrique and we
have an outcome today a year ago we did
not guilty on all counts and after that
guilty verdict we heard about Bill
Cosby’s outburst in court as the
district attorney was arguing his bail
should be revoked and he should be sent
to jail today and the district attorney
arguing he has a plane he has money
we’ve heard all about that and the
comedian lashing out at the district
attorney in front of the judge in front
of the whole court saying I don’t have a
plane and used an expletive in referring
to the district attorney what’s the
impact of that outburst do you think
when it comes to sentencing defending
well Jim you can bet that the district
attorney in sentencing is going to
mention that again he’s gonna ride the
judge how mr. Cosby act how he
disrespected the court and how he cursed
in open court that’s a bad thing
I’m sure his defense attorneys mr.
Cosby’s attorneys cautioned him not to
have these kind of outbursts it looks
very very bad this is not something you
want to do in front of the judge each
count as we’ve mentioned carries a
maximum sentence of 10 years there are
three counts it’s going to be 30 to 90
days I think is it 60 to 90 days when we
will be at sentencing when the judge
will decide what that sentence is
there’s been some discussion that some
of these counts could be merged so how
would that work. so they have 90 days to
sentence them by the law and the defense
or the prosecution can ask for goodwill
to ask for that to be delayed if they
need more evidence now if there’s one
act but multiple subsections apply and
now in this case he’s got one act
essentially accused of doing but the way
it’s broken down is three different
subsections the defense can argue for
that to merge and if it merges into one
charge his maximum penalty can be five
to ten years a minimum of five years a
maximum of ten instead of a minimum of
15 years for a maximum of 30 years we
heard the judge mentioned today when the
argument was made by the district
attorney to revoke his bail I’m not
going to do that to a man of this age
and in his condition
do you is that a signal that this judge
is going to take that into account when
it comes to what kind of sentence he
gives Bill Cosby well it’s always a good
sign when you don’t go to jail right
after a guilty verdict I will say that
well I will also say the judges say that
you know he’s going to take all the
proper information all the different
things into account and then he’s going
to make that decision down the road all
right so we know Bill Cosby must remain
here in Pennsylvania, he surrendered his
passport the judge told him to stay at
home so he awaits this there’s there are
going to be some court hearings to come
and sort of a mini-trial as you said yes
before the sentences handed down so
we’ll of course be awaiting that and
that’s the latest here from the
Montgomery County Courthouse send it
back to Jacqueline London and Aaron
Coleman in our enemies of 10 studios a
lot of variables with the appeal and
sentencing we will await the outcoming
of that with future court dates – appreciate it and I’m
joined once again by our legal analyst
here at NBC 10 Enrique Latoison
let’s talk about what Bill Cosby can and
can’t do right now the judge taking his
passport saying you must remain here in
the Commonwealth can he leave home for
any reason. well typically how it works
is that you’re allowed to leave between
certain hours to maybe run errands and
do things of a personal nature you can’t
leave the state cannot leave the country
and it has to be things that are
important sometimes they make sure you
there you know by electronic device that
they put on your ankle or sometimes they
do a phone call check-in where you have
to answer the phone between certain
hours to make sure that you were there
but obviously the severely limits what
he can and can’t do he can’t travel out
of state he can’t go to New York where
he also has a home he can’t do any of
that until the sentencing
takes place and let’s talk about the
factors that would come into play when
the judge weighs what the sentence
should be there will be obviously
several reports that are done that the
judge will consider talk to us about
what what’s in those reports what do
they take into account. well those
reports will take into account as prior
history they would take in his current
help they were taking things about him
and he’s in different things that are
going on with them they’re gonna take in
a place you know they have the sexual
predator report that he has to do to see
whether now he’s considered a violent
person all these things come into
account now a judge has to put on the
record the reasons for his sentencing
and the things that he is relying on so
the defense is going to have an
opportunity to put on a mini trial and
to tell the judge why they believe he
should not be incarcerated the
prosecution’s did get that same chance
they’ll be able to put on witnesses and
they’ll be able to tell the court why
they believe that mr. Cosby should be
put in jail
is it possible at the sentencing phase
that we will hear from other women with
the prosecutor be able to put other
women on the stand once again to talk
about a pattern of behavior absolutely
absolutely I believe they will do that
it will give these women a voice and
then will give them an opportunity to
tell the judge what happened to them and
why you know the things that affected
their life and why mr. Cosby should was
jail for that now it would not
necessarily be the same five who
testified at trial would it no not
necessarily
other people that disinfected other
women that accused him this is a
sentencing phase it pretty much becomes
wide open it’s like a similar – you
know sentencing that took place with the
gymnastics you saw there were many women
that came in and testified to even
though only a couple were the actual
people that he was being convicted of
all right Enrique Latoison we
appreciate your insights as always
thanks for being here throughout this
deliberation phase and today’s guilty
verdict appreciate it NBC ten of course
was the first to break this story on air
and online major court victory for the
me too movement as we’ve been mentioning
you can download the NBC tenth and
for a deeper look at the reaction and
what it might mean for other cases but
for now we want to send it back to the
studios and Jack alright Jim Rosenfield
reporting live in Norristown we’ll check
back in
Contact Enrique Latoison
(610) 999-1439